Under the voting threshold requirement agreed on by city officials for the November election, and accepted by county and state officials, Measure 3-433 failed, even though 63 percent of voters supported it.

Damascus officials interpreted state law to say that a successful vote to disincorporate in November required a majority of all 6,879 registered voters in Damascus, meaning 3,440 yes votes.

While slightly more than 68 percent of registered voters returned ballots -- a high number for an election with only one or two items on the ballot -- the yes campaign didn’t reach that threshold.

Darling dismissed both arguments quickly, saying Hawes’ “constitutional arguments are irrelevant and inapplicable, and the cases provided to me are inapposite.”

“Plaintiffs counsel would suggest that it is the court who is denying the people their vote,” Darling said in her opinion. “The court would suggest it is the legislature -- as they are free to do.

Darling said that the state law requires a specific process of disincorporation that mirrors some parts of the initiative petition process, but is separate. She said that when residents collect signatures to put an issue on the ballot as an initiative petition, it can only create a statute or amend city charter. Disincorporation is neither.

In her two-page ruling, she sympathized with the voters of Damascus who overwhelmingly voted for Measure 3-433, because some people don’t vote in elections, no matter the issue.

“As a voter, I too share the concern of the voters of Damascus about the impact of persons who abstain (or decline to exercise their voting power),” Darling wrote. “However, this has to be balanced against the importance of the issue. Disincorporation is an extraordinary act. The legislature chose to set the bar for this higher than the bar for an initiative. Such is their prerogative.”

Darling made the ruling quickly so Hawes could appeal it within the window allowed for election challenges. The Oregonian will update with Hawes’ comment later.

“We are pleased that Judge Darling has clarified the voting standard for disincorporations, and that she agrees with our interpretation of the statute,” said Damascus attorney Peter Watts. “The city looks forward to continuing to focus on the comprehensive plan adoption process.”